Facing a drunk driving charge in Houston can be overwhelming. Many people assume a DUI or DWI is “just a misdemeanor,” but in Texas, that belief can be dangerously misleading. Under certain circumstances, a DUI or DWI becomes a felony offense, carrying the possibility of prison time, massive fines, and permanent damage to your future.
Our car accident lawyer Houston regularly helps clients navigate the complex legal landscape surrounding drunk driving charges in Harris County. Understanding when a DUI or DWI becomes a felony is the first step toward protecting your rights and your future.
DUI and DWI Laws
In Texas, most adult drunk driving charges fall under DWI (Driving While Intoxicated) laws, while the term DUI (Driving Under the Influence) is commonly used by the public and applies primarily to underage drivers. In everyday language, both terms refer to operating a vehicle while impaired by alcohol or drugs. A driver is considered legally intoxicated if:
- Their blood alcohol concentration (BAC) is 0.08% or higher, or
- They have lost the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances.
While a first-time DWI is usually a misdemeanor under Texas Penal Code §49.04, certain aggravating factors escalate the offense to a felony.
When a DUI or DWI Becomes a Felony
A DUI or DWI becomes a felony in Texas when certain conditions are present. These situations dramatically increase the stakes and require immediate legal intervention. The most common felony DUI and DWI scenarios include:
- Multiple prior DWI convictions (Texas Penal Code §49.09)
- Driving intoxicated with a child under 15 in the vehicle (Texas Penal Code §49.045)
- Causing serious injury while intoxicated (Intoxication Assault) (Texas Penal Code §49.07)
- Causing a fatal accident while intoxicated (Intoxication Manslaughter) (Texas Penal Code §49.08)
Each of these carries unique legal elements and penalties, but all can permanently alter your life. At The Law Office of Michael Bates, we examine every detail of your case, including whether the stop was lawful, whether your rights were violated, and whether testing procedures were properly followed.
Third DWI in Texas
A third DWI offense is typically charged as a third-degree felony under Texas Penal Code §49.09. Unlike misdemeanor DUIs and DWIs, which are handled in county courts, felony DWI cases are prosecuted in district court and expose defendants to state prison time. Penalties may include:
- 2 to 10 years in prison
- Up to $10,000 in fines
- Extended driver’s license suspension
- Mandatory treatment programs
- Probation with strict conditions
A third offense signals to the court that prior penalties failed to deter the behavior. Prosecutors often seek aggressive sentencing, making experienced legal representation essential. Working with an experienced Houston DWI lawyer is critical at this stage, as felony DWI charges can permanently impact your freedom, career, and future.
DWI with a Child Passenger
Driving while intoxicated with a child under 15 years old in the vehicle is treated as a state jail felony, under Texas Penal Code §49.045, even if it is your first DUI or DWI offense. This charge reflects Texas’s commitment to protecting minors and can result in:
- 180 days to 2 years in a state jail facility
- Significant fines
- Mandatory parenting or counseling programs
- Long-term consequences for custody and family law matters
For parents and caregivers, this type of DUI or DWI charge can affect far more than your criminal record; it can impact your relationship with your children.
Intoxication Assault Charges
When a drunk driver causes serious bodily injury to another person, the charge may be elevated to Intoxication Assault, a third-degree felony, under Texas Penal Code §49.07. This applies when intoxication directly results in injuries such as:
- Broken bones
- Traumatic brain injuries
- Permanent disfigurement
- Loss of bodily function
Conviction can mean years in prison, restitution to victims, and lifelong consequences. These felony DUI and DWI cases often involve complex evidence, expert testimony, and intense scrutiny from prosecutors.
Intoxication Manslaughter
The most severe drunk driving offense in Texas is Intoxication Manslaughter, charged as a second-degree felony, Texas Penal Code §49.08. This applies when a person’s death is caused by an intoxicated driver. Penalties can include:
- 2 to 20 years in prison
- Up to $10,000 in fines
- Permanent felony record
- Loss of civil rights
These DUI and DWI cases are emotionally charged and legally complex. Defending them requires experience, precision, and a deep understanding of forensic and procedural law.
Felony DUI and DWI Penalties
A felony DUI or DWI conviction can affect every area of your life:
- Incarceration: State prison or jail time
- Financial Impact: Court fines, attorney fees, increased insurance costs
- Employment Barriers: Many employers refuse applicants with felony records
- Housing Issues: Background checks may limit where you can live
- Professional Licenses: Nurses, teachers, contractors, and others may lose credentials
- Reputation Damage: A felony follows you for life
These consequences extend far beyond the courtroom. What happens in your case today can shape your future for decades.
License Suspension After Arrest
Under Texas Transportation Code §524.001–524.011, a DUI or DWI arrest triggers an Administrative License Revocation (ALR) process. This is separate from your criminal case and can result in immediate suspension of your driver’s license. You typically have only 15 days from the date of arrest to request a hearing to challenge this suspension. Missing this deadline can mean losing your driving privileges, often before you ever step into a courtroom.
An experienced Houston DUI or DWI lawyer can handle both the criminal defense and the ALR process, protecting your ability to work and care for your family.
Why a Houston DUI and DWI Lawyer Matters
Felony DUI and DWI cases are not minor traffic matters—they are high-stakes criminal and civil situations. Evidence can include:
- Breath or blood test results
- Police dashcam and bodycam footage
- Field sobriety testing procedures
- Accident reconstruction reports
- Medical and forensic records
Whether you are facing charges or were injured by a DUI driver, having an experienced Houston DUI and personal injury lawyer can make the difference between justice served and serious consequences.
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Protecting Your Rights
Time is critical if you are charged with DUI/DWI or have been harmed in a DUI accident. Early involvement of a skilled personal injury lawyer Houston ensures more options and stronger outcomes. We provide:
- Free initial consultations
- Strategic defense planning for defendants or guidance for victims
- Representation in criminal court, ALR hearings, or personal injury claims
- Personalized attention to your case
- Aggressive advocacy focused on results
Get Experienced DUI and Injury Legal Support Today
A DUI or DWI charge, or being injured by someone driving under the influence, can have serious and lasting consequences, but it doesn’t have to define your future. If you are facing charges in Houston or Harris County, or have been harmed by a DUI driver, it is critical to act quickly.
At The Law Office of Michael Bates, we provide experienced legal guidance for both defendants and victims. We protect your rights, fight to minimize the impact of DUI charges on your freedom, career, and personal life, and help victims pursue fair compensation for injuries and damages.
Schedule your free consultation today and let our dedicated team help you navigate the complex legal process with confidence. Your defense, or your path to justice, starts now, and we are committed to standing with you every step of the way.